De Yaulus v. New York City Railway Co.

Appellate Terms of the Supreme Court of New York

De Yaulus v. New York City Railway Co.

49 Misc. 648, 97 N.Y.S. 995

Appellate Terms of the Supreme Court of New York·Decided February 15, 1906·Published·Cited by 3 cases

Opinion

Scott, J.

The plaintiff certainly showed! a disposition, both in hia complaint and in his testimony, to overstate his [649]*649injuries and Ms damages. Notwithstanding this, he undoubtedly suffered some pain and some interruption of his capacity to work. To give him only the amount of Ms doctor’s bill was to allow nothing for the elements of damage referred to and was inadequate. If he was entitled to anything, and the defendant concedes liability for the results of the accident, he was entitled to something more than was awarded him.

Giegebich and Gkbenbaum, JJ., concur.

Judgment reversed and new trial granted, with costa to appellant to abide event.

Free access — add to your briefcase to read the full text and ask questions with AI

Scott, J.

The plaintiff certainly showed! a disposition, both in hia complaint and in his testimony, to overstate his [649]*649injuries and Ms damages. Notwithstanding this, he undoubtedly suffered some pain and some interruption of his capacity to work. To give him only the amount of Ms doctor’s bill was to allow nothing for the elements of damage referred to and was inadequate. If he was entitled to anything, and the defendant concedes liability for the results of the accident, he was entitled to something more than was awarded him.

Giegebich and Gkbenbaum, JJ., concur.

Judgment reversed and new trial granted, with costa to appellant to abide event.

De Yaulus v. New York City Railway Co., 49 Misc. 648, 97 N.Y.S. 995 (N.Y. Ct. App. 1906).

Pincite

49 Misc. 648 (De Yaulus v. New York City Railway Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related